(EIA + SEA) – EU = ?

Deadlines, deadlines.  The EU’s 2014 amending directive on environmental impact assessment  has to be transposed by member states into domestic law by 16 May 2017.  Given that Theresa May has announced that Article 50 of the Lisbon Treaty will be invoked by the UK government by the end of March 2017, which would see us … Continue reading “(EIA + SEA) – EU = ?”

4 Possible Improvements To The Planning System Using Black Box Thinking

If you’ve read Matthew Syed’s Black Box Thinking  , which you probably have, you’ll know that the theme is that people, teams and systems perform at their best when they learn continuously from mistakes and failures. The more complex the system, the more important it is that there is an open loop rather than closed … Continue reading “4 Possible Improvements To The Planning System Using Black Box Thinking”

The Latest on Viability Disclosure

Each September LD Events’ annual Viability and Planning conference comes around. My regular slot at the event covers ”transparency in the viability process – access to information” and it’s always interesting how the climate has changed over the previous 12 months. This blog post provides links to some of the key decisions and policy developments, supplementing … Continue reading “The Latest on Viability Disclosure”

Regeneration X: Failed CPOs

The Secretary of State’s decision letter  dated 16 September 2016 in relation to the Aylesbury Estate CPO has major implications for all regeneration schemes, including the approach that LPAs should take to planning applications. However, in my view it was not unsurprising in the light of other recent decisions.  The whole of the decision letter … Continue reading “Regeneration X: Failed CPOs”

Avoiding Dover-type reasons JRs

Planning committees that resolve to approve planning applications against officers’ recommendations need to be careful not to fall foul of a JR if their reasoning is inadequate. The risks are particularly high in EIA cases and where there are other sensitive elements. Although Laws LJ described it as an “unusual case”, R (CPRE Kent) v … Continue reading “Avoiding Dover-type reasons JRs”

The Neighbourhood Planning Bill v Conditions

The Neighbourhood Planning Bill proposes some important changes to the planning conditions regime. DCLG published its Improving the Use of Conditions consultation paper  on 7 September 2016 alongside the Bill  (with a consultation deadline of 2 November 2016).  There are two main elements to the proposals. Restriction on pre-commencement conditions I blogged  back in June … Continue reading “The Neighbourhood Planning Bill v Conditions”

Emerging Neighbourhood Plans (nudge, nudge)

Call me old-fashioned but in my view legislation should change, consolidate or codify law, not simply serve as a political nudge. I referred in my last blog post  to section 1 of the Localism Act. Clause 1 of the new Neighbourhood Planning Bill  is out of the same stable.  Clause 1 of the Bill amends … Continue reading “Emerging Neighbourhood Plans (nudge, nudge)”

Section 123…Go!

Rightly, no-one ever believed section 1(1) of the Localism Act 2011: “A local authority has power to do anything that individuals generally may do”. Section 2 (“boundaries of the general power”) put paid to that.  There are many good things which authorities might do, if they were allowed. In some circumstances, this would be to … Continue reading “Section 123…Go!”

(Rights Of) Light Relief: Section 203

Section 237 must be one of the best known sections of the Town and Country Planning Act 1990, beloved of planning lawyers – as for once we can be useful to our property colleagues. Section 237 of course ensures, after an appropriate amount of detailed lawyering, that development can proceed without risk of injunctions from … Continue reading “(Rights Of) Light Relief: Section 203”

Section 106 Disagreements

If CIL is to beat a retreat in relation to major developments as rumoured (June 2016 blog post  – although we’ll now need to wait for Parliament to resume in the Autumn before we learn any more of the CIL working group’s thinking) it’s more important than ever that the section 106 process works as … Continue reading “Section 106 Disagreements”